Rights-of-way, easements or other interests which cannot ripen into
a fee, except those owned by a public entity, public utility, or subsidiary
of a public utility for conveyance to the public utility for rights-of-way.
If, however, the planning commission determines that division and
development of the property in the manner set forth on the approved
or conditionally approved tentative or parcel map will not unreasonably
interfere with the free and complete exercise of the public entity
or public utility right-of-way or easement, the signature of the public
entity or public utility may be omitted. Where that determination
is made, the subdivider shall send, by certified mail, a sketch of
the proposed final map or parcel map, together with a copy of Section
66436 of the
Government Code, to any public entity or public utility
which has previously acquired a right-of-way or easement.
If the public entity or utility objects to either: (A) recording
the final map or parcel map without its signature; or (B) the determination
of the planning commission that the division and development of the
property will not unreasonably interfere with the full and complete
exercise of its right-of-way or easement, it shall so notify the subdivider
and the planning commission within thirty days after receipt of the
materials from the subdivider.
If the public entity or utility objects to recording the final
map or parcel map without its signature, the public entity or utility
so objecting may affix its signature to the final map or parcel map
within thirty days of filing its objection with the planning commission.
If the public entity or utility either: (i) does not file an
objection with the planning commission; or (ii) fails to affix its
signature within thirty days of filing its objection, to recording
the map without its signature, the final or parcel map may be recorded
without such signature.
If the public entity or utility files an objection to the determination
of the planning commission that the division and development of the
property will not unreasonably interfere with the exercise of its
right-of-way or easement, the planning commission shall conduct a
public hearing not less than ten nor more than thirty days of receipt
of the objection and shall give written notice thereof to the objector
and the subdivider at least ten days prior to such hearing. At the
hearing, the public entity or public utility shall present evidence
in support of its position that the division and development of the
property will unreasonably interfere with the free and complete exercise
of the objector's right-of-way or easement.
If the planning commission finds, following the hearing, that
the development and division will in fact unreasonably interfere with
the free and complete exercise of the objector's right-of-way or easement,
it shall set forth those conditions whereby the unreasonable interference
will be eliminated and upon compliance with those conditions by the
subdivider, the final map or parcel map may be recorded without the
signature of the objector, notwithstanding its objections.
Failure of the public entity or public utility to file an objection
pursuant to this section shall in no way affect its rights under a
right-of-way or easement.